Medicine Hat (Corporation of the City of) v. Wahl

[1979] 2 SCR 12 Court SCC Decision date 1979-05-08 English

PartiesThe Municipal Corporation of the City of Medicine Hat Appellant·Fred Wahl, deceased (Freida Wahl and James Miller by suggestion) Respondent

Counsel (4)

F.A. O’Connell, for the appellant.
N.C. Wittmann, for the respondent.
Solicitor for the appellant: F.A. O’Connell, Medicine Hat.
Solicitors for the respondent: Code, Hunter, Calgary.

Judges Martland, Ronald; Ritchie, Roland Almon; Dickson, Robert George Brian; Beetz, Jean; McIntyre, William Rogers

Decision 4–1 Majority (4) · MARTLAND J. (1)

On appeal from Alberta

Subjects Municipal law

Contents

Majority

The judgment of the Court was delivered orally by

MARTLAND J.

MARTLAND J.—We are all in agreement with the reasons delivered in the Appellate Division by McDermid J.A. in his dissenting opinion. Accordingly, the appeal is allowed, the judgment of the Appellate Division is set aside and the order of the Chambers Judge is restored. The appellant is entitled to costs throughout.

Judgment accordingly.

Solicitor for the appellant: F.A. O’Connell, Medicine Hat.

Solicitors for the respondent: Code, Hunter, Calgary.

Footnotes

[1] (1977), 5 Alta. L.R. (2d) 70.